A federal judge has refused to dismiss charges against five defendants who allegedly orchestrated fraudulent tax shelters that produced more than $4 billion in bogus losses.

Southern District Judge William Pauley set the stage for a February trial for the defendants in United States v. Daugerdas, 09 Cr. 581, by rejecting the claims of Paul Daugerdas and four others that they lacked the “willfulness” needed for a conviction under the tax code.